Kalmar v Kalmar; estate of Kalmar [2006] NSWSC 437

New South Wales Supreme Court

CITATION : Kalmar v Kalmar; estate of Kalmar [2006] NSWSC 437

HEARING DATE(S) : 04/05/06

JUDGMENT DATE : 8 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 05/08/2006

DECISION : Counsel to bring in short minutes of order consistent with reasons.

CATCHWORDS : FAMILY PROVISION ACT – Extension of time – Plaintiff brought proceedings out of time – Section 16 of Family Provision Act 1982 (NSW) – Factors relevant to Court's discretion to grant extension of time – Relevance of plaintiff's possible cause of action against her solicitor –Extension of time granted - FAMILY PROVISION ACT – Adequate provision – Plaintiff was deceased's wife – Plaintiff and deceased separated (but not divorced) prior to deceased's death – Needs of plaintiff significant – Needs of other beneficiaries under the will significant – Modest estate – Provision ordered.

LEGISLATION CITED : Family Provision Act 1982 (NSW) Wills Probate & Administration Act 1898 (NSW)

Warren v McKnight (1996) 40 NSWLR 390 re Salmon (deceased) [1981] Ch 167 De Groot & Nickel, Family Provision in Australia, 2 Ed Charles v Charles (unreported, 15 March 1998) BC880291 CASES CITED : Singer v Berghouse (1994) 181 CLR 201 Bladwell v Davis [2004] NSWCA 170 re Clissold (deceased) (1970) 2 NSWLR 619 re Mercer (deceased) [1977] 1 NZLR 469 Palmer v Dolman [2004] NSWCA 361

Marija Kalmar PARTIES : v BJ Alexander John Kalmar in the estate of Jozsef Kalmar